Husband wont list house at Current Market Value - mid divorce

[gillbott]

The house can't be sold at this point? No money. is there a way to speed up the decree? And why would it go closer to his number than to what the house is truly worth?

 

[justalayman]

The house can't be sold at this point? No money. is there a way to speed up the decree? And why would it go closer to his number than to what the house is truly worth?

If it ends up a partition action, you basically hand the house over to the courts who auction it, pay the parties involved in the sale and the court fees, pay any debts against the property and then split the remaining proceeds between the parties. A partition is not something you really want to do if at all avoidable. It costs money to have it done and since the property is sold at auction, the resulting price tends to be considerably less than actual market value.


and as I said, depending on what your agreement states to the disposition of the home, there could be different actions. If the agreement did not specifically address the handling of the home, then until the divorce is finalized, nobody knows how much of the interest in the home is owed to what party. It is merely one asset in the total marital estate. The money resulting from the sale may be his due to some other distribution of the estate. It might be all yours due to he having other assets that would require he give up all of the money derived from the sale of the house to make the division proper. There are too many factors to simply say: we'll split the net proceeds from the sale of the house, without considering all the assets of the marital estate.

 

[gillbott]

Disposition of the home. We aren't even near that point. The dial-a-divorce stalled when he lost his job because he didn't have any financials to report. The initial papers are filed, but there was something that the lawyer wanted to check about those too. I see my lawyer early next week. I seem to remember him saying something along the lines that we could petition the court to be able to sell at CMV. I've emailed him the realtor's projected sales price paperwork and the grant deed. He said that my husband could try to get a lawyer to convince the judge that we should list at his price, but obviously no judge will go for that.

Hopefully this can work out somehow. Thanks to everyone for your help. I won't spend an hour, literally and figuratively, asking him all kinds or rediculous questions.

"Hire an attorney"... you hear that and lament about the cost, but my dial-a-divorce has cost me months of wondering and frustration.

 

[OHRoadwarrior]

You should always be careful who you marry or procreate with. The relationship it creates can come back to haunt you, as you discovered. Have you tried telling him you would take his profit as advance child support payments if he wishes? There are 2 things people hate in a divorce, selling their home and paying child support. Good Luck, sorry there is not a "magic" solution.

 

[ecmst12]

You can't pay child support in advance, any such agreement would be completely unenforceable and to suggest it is idiotic.

 

[gillbott]

Perhaps it could be back child support.

 

[ecmst12]

What back support? You don't start accruing support until there's an order. Seriously, we have told you all we can tell you here. Talk to your lawyer!

 

[Bali Hai]

You should always be careful who you marry or procreate with. The relationship it creates can come back to haunt you, as you discovered. Have you tried telling him you would take his profit as advance child support payments if he wishes? There are 2 things people hate in a divorce, selling their home and paying child support. Good Luck, sorry there is not a "magic" solution.

There are actually 3 things, but the third thing has slipped my mind.

 

[gillbott]

Sorry!! I was typing aloud!! Thanks for all the help!! Thanks for assuming all you did, so you could quote each other's assumptions, and have a little internet forum discussion about me that went off to agree or disagree with the wrong thing entirely!!


Why do all of the senior members seem to be allowed to banter, hem and haw, suggest things back and forth, show that you know the law more than one another, respond and reply and discuss each others judgments of me and my naivety, but ultimately make anyone questioning their personal situation here feel idiotic, and oftentimes judged! Geez! Some of you are downright rude.

I don't know if I can sell the house, that's all I'm focused on at this point, but actually, I'm selfishly keeping our daughters from knowing their dad 300 miles away? and hiding all of our nonexistent assets? I need to sell the house and split the equity?? Yeah, I know. I can't even sell the house, and I see over and over that I that I'm trying to get what is probably less than it's worth? He won't let me! No, I was keeping the girls from him because I'm Mommy. I'm faking our (expensive) counseling? It's entertaining. I'll have to put it in my book. Please, if you will, can I have some suggestions for the chapter title? How about "Oh, Because I'm Mommy". Full credit going to whomever said that of course.

I can't wait to see your quotes of each other's quotes to your responses to my ideas/questions/restating to show that I am wrong and overly sensitive -- that you were nothing but thoughtful and helpful. The irony? many of you were, but the tone and the disrespect became more significant. And as far as my trying to "break the law", my statement entirely, I meant only this: Doesn't it suck that the law seems to protect the other person? Despite the effect it has, ultimately on our kids if we have them "He doesn't make three times as you, he doesn't even work..." oh, I left out "can". Oops.

Can I directly quote any of your quotes off site? Oh. Probably against the law, haha. I guess that one's exclusive property or something, or do I have that wrong too? For any of you that are going to hyperquote, I can't wait to see what you pick...and I guess it will something along the lines of "Well, why did you return to this site over and over?" Well tell one another, I'll stay out of it. But again, I'm kidding about the direct quotes, I'll just use the overall tone. Have a good day. Excellent quote. Where's the one from a (blue) meanie? How about "I've got a hole in my pocket..." Those aren't exclusive, right? I'm actually enjoying it all.

 

[ecmst12]

No one here can tell you anything that your lawyer can't. WE don't know what a judge will decide either. Ultimately, you will probably get something resembling what you want (to sell the house for fair market value) but it won't be quick, because the legal process is not quick, and you just have to deal with that. The law protects everyone.

 

[Bali Hai]

Sorry!! I was typing aloud!! Thanks for all the help!! Thanks for assuming all you did, so you could quote each other's assumptions, and have a little internet forum discussion about me that went off to agree or disagree with the wrong thing entirely!!


Why do all of the senior members seem to be allowed to banter, hem and haw, suggest things back and forth, show that you know the law more than one another, respond and reply and discuss each others judgments of me and my naivety, but ultimately make anyone questioning their personal situation here feel idiotic, and oftentimes judged! Geez! Some of you are downright rude.

I don't know if I can sell the house, that's all I'm focused on at this point, but actually, I'm selfishly keeping our daughters from knowing their dad 300 miles away? and hiding all of our nonexistent assets? I need to sell the house and split the equity?? Yeah, I know. I can't even sell the house, and I see over and over that I that I'm trying to get what is probably less than it's worth? He won't let me! No, I was keeping the girls from him because I'm Mommy. I'm faking our (expensive) counseling? It's entertaining. I'll have to put it in my book. Please, if you will, can I have some suggestions for the chapter title? How about "Oh, Because I'm Mommy". Full credit going to whomever said that of course.

I can't wait to see your quotes of each other's quotes to your responses to my ideas/questions/restating to show that I am wrong and overly sensitive -- that you were nothing but thoughtful and helpful. The irony? many of you were, but the tone and the disrespect became more significant. And as far as my trying to "break the law", my statement entirely, I meant only this: Doesn't it suck that the law seems to protect the other person? Despite the effect it has, ultimately on our kids if we have them "He doesn't make three times as you, he doesn't even work..." oh, I left out "can". Oops.

Can I directly quote any of your quotes off site? Oh. Probably against the law, haha. I guess that one's exclusive property or something, or do I have that wrong too? For any of you that are going to hyperquote, I can't wait to see what you pick...and I guess it will something along the lines of "Well, why did you return to this site over and over?" Well tell one another, I'll stay out of it. But again, I'm kidding about the direct quotes, I'll just use the overall tone. Have a good day. Excellent quote. Where's the one from a (blue) meanie? How about "I've got a hole in my pocket..." Those aren't exclusive, right? I'm actually enjoying it all.

There is a reason your stbx husband is being uncooperative, and at this point, legally he doesn't have to be cooperative. The court is not going to become involved in your negotiations. When the time comes, the court may decide the division of marital assets/debt including the house you are trying to quickly force your husband to sell.

It appears your divorce may be contested and that may take a long time to resolve. (years)